US v. Alberto Valenzuela-Cueves, No. 12-4576 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4576 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALBERTO VALENZUELA-CUEVES, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., Chief District Judge. (1:10-cr-00419-WO-1) Submitted: March 26, 2013 Decided: March 28, 2013 Before DUNCAN, FLOYD, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. Allen III, Federal Public Defender, Mireille P. Clough, Assistant Federal Public Defender, Winston-Salem, North Carolina, for Appellant. Ripley Rand, United States Attorney, Sandra J. Hairston, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Alberto Valenzuela-Cueves appeals the 168-month sentence imposed by the district court following his guilty plea to possession with intent to distribute 6,928.7 grams of cocaine and 1,747.9 grams of cocaine base, in violation of 21 U.S.C.A. § 841(a)(1), (b)(1)(A) (West 1999 & Supp. 2012). Valenzuela-Cueves was contends substantively that unreasonable the district when U.S.C. § 3553(a) (2006) factors. On appeal, court s measured sentence against the 18 Finding no error, we affirm. We must evaluate a procedurally reasonable sentence * for substantive reasonableness, totality of the circumstances. 38, 51 (2007). If the tak[ing] into account the Gall v. United States, 552 U.S. sentence imposed is within the appropriate Sentencing Guidelines range, as in this case, it is presumptively reasonable. United States v. Abu Ali, 528 F.3d 210, 261 (4th Cir. 2008). The presumption may be rebutted by a showing that the sentence is unreasonable when measured against the § 3553(a) factors. F.3d 375, omitted). 379 We (4th United States v. Montes-Pineda, 445 Cir. conclude 2006) that, (internal under the quotation totality marks of the circumstances, Valenzuela-Cueves failed to rebut the presumption * Valenzuela-Cueves does not challenge procedural reasonableness of the sentence. 2 on appeal the of reasonableness Thus, the afforded district court to the did within-Guidelines not abuse its sentence. discretion sentencing Valenzuela-Cueves to 168 months imprisonment. in See United States v. Lynn, 592 F.3d 572, 576, 578 (4th Cir. 2010) (providing standard of review). Accordingly, we affirm the district court s judgment. We dispense contentions with are oral argument adequately because presented in the facts and the materials legal before this court and argument would not aid the decisional process. AFFIRMED 3